www.bpcollins.co.uk01753 889995

Trends: Freelancing | Modern parenting | Mythbusters: protecting your home from an intruder | How to sell your business

issue 36November 2019

“

There are approximately 2 million self-employed professionals

working in the UK out of which, approximately 1.77 million are

working as full-time contractors. Between 2008 – 2016, the number of self-

employed professionals in the UK increased by 43% approximately.

editor’s note

32

simon deans, senior partner

trends

By your sideevery step of the way

Dear readers,

Welcome to Insight.

There has been a huge amount of pride within B P Collins since it wonthe ‘Workplace Wellbeing’ award at the Thames Valley Chamber ofCommerce’s Business Awards and received national and internationalrecognition for its Corporate Social Responsibility (CSR) activity.

A couple of years ago, we made the decision to move from a series oftactical interventions around our staff’s health and wellbeing toensuring that this became a strategic priority in the boardroom. Withour mental health, fitness and CSR programmes in place, independentresearch has found that our staff feel valued and appreciate how thefirm takes the duty of care of its employees very seriously.

You may wonder how the commitment to our staff is connected to theservice that we provide to you, our client. But the key element of atruly client centric law firm is the engagement of the people that workthere. And our approach seems to be working. This year, B P Collinsachieved top-ranking results from legal directories Chambers UK andLegal 500, after receiving independent feedback, which said that wework closely with our clients to help them achieve their goals.

Our commitment to staff wellbeing has also enabled us to recruittalented new lawyers and I’d like to welcome Jemimah Fleet, aspecialist in surrogacy and fertility law, to the family practice; JamesConstable, an associate and experienced solicitor-advocate in thedispute resolution team; Natalie Boorer, senior associate in the wills,trusts and probate team and John Hargrave, our new Chief OperatingOfficer, who will oversee the firm’s headquarters move to newpremises in Gerrards Cross in 2020. I look forward to showing youaround in the next edition.

We hope that you find the advice in this edition of Insight useful. Ifyou’d like to offer any feedback, we’d love to hear from you.

Thank you,

Source: ITContractorsuk.com

Source: Open Access Government

Source: Open Access Government

“”

Millennials born in the 80s and 90s havedriven significant growth in thefreelance sector. The number of

freelancers aged 26-29 has risen by

66% since 2008.

The number of female freelancers has grown by

55% since 2008. New mothers choosingto take up freelance work rather than return tofull-time office employment post-baby has shot

up by 79%. Comparatively, the number of

men freelancing has grown by 36% in thesame time frame.

“

“

“

Want to understand more about how the rules between contractors andbusinesses will change in April 2020? Read our article on pg 14 & 15

Feature Focus

How to sell your business in the final stage of our business lifecycle series, insight focuses on matters to consider when planning

to sell your company. B P Collins’ cross practice team of corporate and commercial, employmentand commercial property lawyers offer key advice.

david smelliepartner, corporate

and commercial

maria mowberrypartner, property

kathryn fieldersenior associate, employment

“Due diligence will be essential for apotential buyer of your business…[but] fora seller, it’s rather like inviting a strangerto ask questions about your private life”

“if you’ve rented the commercial property,you will need to ask your landlord for

consent before you can assign your lease”

selling your company often takes more timeand is more emotionally draining than youmight think – ensure that the business is notaffected by you focusing on the saleespecially if there is an earn out.

ensure that you get on with the professionalteam you appoint – you may be spending a lotof time with them and you will certainly be on the phone to them a lot.

normally you only get one chance so ensurethat it is done correctly.

For any advice on selling yourbusiness, contact our expert teams.

Call 01753 889995 or emailenquiries@bpcollins.co.uk

Feature focus

4 5

Don’t forget...

It’s important to find any skeletons before putting your company up forsale. They could range from legal, financial, property or HR issues –anything that might lead a buyer to place a lower value on your companythan what you wish to sell it for.

It will be exciting for you if you’ve chosen to sell your business but, youremployees might feel differently when there is so much uncertaintyabout their future. It is essential to keep them happy and motivatedbefore and during the sale process. One way to do this is throughadopting employee share schemes. These could also help retainemployees whose contribution is essential to the success of the business.However, for these to be tax effective you need to think aboutimplementing these a long time before the sale.

The anticipation of having a large sum of money through the sale of yourbusiness is soon eradicated at the thought of a large tax bill at the end.Sellers must ensure that the long period of preparation leading up to thesale is used to put proper tax strategies in place to maximise the taxsavings that may be available at sale time.

Engaging an expert to find a buyer for your business and to look after thesale can be hugely helpful, as they will ensure that offers are receivedfrom as wide a pool of potential buyers as possible and so maximise thevalue that you will receive.

You will need to decide how to conduct the sale process and an expert, ifappointed, can assist with this. You can either go down the route of an nformation memorandum (followed by a request to make best and finaloffers) or make discrete approaches. An information memorandumshould include the key parts of your business such as the ownership andmanagement structure, trading performance, key growth opportunities,competitive advantage and market data.

It is important to establish the heads of terms as early as possible once abuyer has been identified, as these will set expectations and record thecore elements of the deal. The heads of terms will outline the purchaseprice (and how it will be paid), the structure of the deal, and incorporatesome expectations about the legal terms that will apply to the deal.

You and the buyer will also have to agree whether the transaction will bea share sale or an asset sale. A share sale means the buyer takes on thecompany as a whole, as a continuing legal entity, with all the employees,contracts, leases and assets and liabilities. An asset sale allows the buyerto choose which assets they will take on and leave behind certainliabilities.

When you’re selling the business, this doesn’t automatically mean thatyou must leave. An agreement needs to be reached with the buyer onwhether you leave immediately or remain, possibly in a different capacity,for an agreed amount of time. It is quite common for sellers to remainin place for some time to facilitate the handover.

Due diligence will also be essential for a potential buyer of your business,as it helps them to understand exactly what they’re taking on, includingareas of concern where assurances or indemnities could be required andensures the company’s value is accurate. For a seller, it is rather likeinviting a stranger into your home and allowing them to ask questionsabout yourprivate life.

When you first start thinking about selling your business, the dream isoften to retire with the proceeds. Sale transactions, however, aren’talways that straightforward and Deferred Consideration or Earn Outs willoften form part of the consideration; so you might have to wait a whilelonger for that beach house in Barbados. Deferred Consideration is wherea fixed sale price, that has been agreed but part of the payment, isdeferred until a specified later date and it will be paid, provided that theconditions have been met. Earn Outs will vary for each deal, butfundamentally, the price that a seller ultimately will receive is dependenton the company’s future performance with some payable upfront and theremainder due further down the line, based on that future performance.

When looking to sell your business and the property it operates from, it’simportant to consider whether you’ll sell them together or separately.Finding a buyer who is interested in both may be more difficult, but thissituation could enable you to boost the value of your sale.

As mentioned previously, it may be the case that the assets have to bebroken up and the individually sold off. This could mean you having tofind another buyer for the property or you could decide to retain it andrent it to another party to generate an income stream.

It’s important to remember that the sale of your property can becompleted prior to the sale of the business. This frees up your time tofocus on selling your actual business.

If you’ve rented the commercial property, you will need to ask yourlandlord for consent before you can assign your lease. If consent is givenand the new buyer is willing to take on the lease, you may still have aresponsibility as an ‘assignor’ to guarantee the incoming tenant’sperformance of their lease obligations.

Aside from seeking the advice of a lawyer, it’s vital to speak to anaccountant early on so they can advise on the tax implications ofany deal.

Selling your business may cause unease among your workforce, so it’svital to keep your sale plans confidential until you are confident the dealis done. However, make sure you leave enough time to comply withrequisite consultation obligations under the Transfer of UndertakingsRegulations (TUPE), which protect employees' rights when theorganisation or service they work for transfers to a new employer.

Take the opportunity to also review contracts to ensure they are up todate and ensure consistency of terms. This will help with the duediligence process. It’s also vital that you have up to date ID for allemployees to ensure proof of their right to work.

It’s also important to review any current grievances and tribunal claimsto see if they can be settled before putting the company up for sale asdisputes can be off putting.If unionised, check that any collectiveagreements have been incorporated into the contracts.

If the buyer does not want to take on all the employees, avoid acceptingdismissal obligations or providing indemnities which will imposeobligations on you.

Andrew Hillier is a Chartered Surveyor with over 25 years’ experience in the property industry. He has applied his property and business experience toa wide variety of entrepreneurial companies.

His first professional property consultancy in the golf course market has been followed by several ventures in property development, consultancy, IT andrenewable energy sectors.In 2013 he co-founded DUAL Asset Underwriting which has rapidly become the leading global insurer for legal indemnities.

In the latest interview for Insight’s ‘How I did it’ series, Andrew talks about the best part of building his own business, his relationship with B P Collins

and his company’s plans for future.

Underwriting

B P Collin’s corporate and commercial practice

has advised Andrew Hiller and Dual Asset for

a number of years. For any advice contact our

expert teams on 01753 889995 or email

enquiries@bpcollins.co.uk

How i did it

Are you protecting yourshare of the property?

Find out more on pg 12.

7

From starting out to scaling up

How did you get to where you are today – what qualities do youthink helped you to achieve this?

To be honest I wasn’t very academic but I was very determined andwanted to make money by running my own businesses. I also firmlybelieve that if you do something you enjoy and are passionate about it,that goes a long way to achieving success.

What’s the best part of your job?

I’m really enjoying building a successful business with a young and verydriven team. Together we are ensuring that they will have a strong, stablebusiness to continue on in the future.

How have you contributed to Dual Asset Underwriting’s success?

I was lucky enough to co found the business with my friend PhillipOldcorn. It was our combined knowledge and experience of the M&A andproperty markets that enabled us to be successful. B P Collins has advisedus all the way, from setting up the company at the beginning to ourshareholder agreement with our joint venture partner and to variousshare sales that have occurred over the past five years.

What are the company’s plans for the future?

We are currently the global leader in providing title and legal indemnityinsurance in over 40 countries worldwide. We also have ambitious plansto grow our business in the US, Japan and Australasia.

What challenges does your sector face and how can they beovercome?

Brexit has been our biggest challenge in the last 24 months, as it forcedus to set up in Dublin and Warsaw in case pass porting ended. Aslowdown in the global M&A market would also be difficult but our widegeographical spread means we should be resilient to a slowdown in anyone area.

If you weren’t the Executive Chairman of Dual Asset Underwriting -what would you be doing?

Property and deal making are my passions, so the most likely scenario

would be running a property company.

Creating a familywith B P Collins

Prospective parents now have the option to

create a family through various options such as

surrogacy, adoption, donor conception and

fertility treatment. Have you seen a positive

shift in people’s attitudes towards ‘modern

parenting’?

There is definitely a wider acceptance of the

various family structures and routes to create

families. Society has moved on; the ‘traditional’

family model of a heterosexual married couple

living with their biological children in one

home, is no longer the only conventional

option. LGBT couples can now have children, be

it through fertility treatment or surrogacy, and

there has also been an increase in co-parenting

arrangements (two or more people who are not

in a relationship living in separate homes

raising a child). These evolutions in creating

families have been happening for some time

now and it’s great they’re getting the

recognition they deserve.

What is it about fertility and surrogacy law that

appeals to you?

It’s a huge privilege to work for people in this

area of law. I enjoy my role as being part of the

team, guiding prospective parents through the

sometimes complex legal hurdles and hopefully

minimising their stress along the way. It is also

an area of law that is very positive, as you’re

helping to create a family which is often the

most important thing for people.

Is there a modern parenting case that you’ve

advised on that is particularly memorable?

I feel very proud to have worked on modern

parenting cases that have helped to change the

law. There was one high profile surrogacy case,

which was particularly memorable, as the high

court declared the law, at that stage, to be

incompatible with human rights legislation.

This led to a remedial order subsequently being

passed by Parliament in January 2019, allowing

single parents to apply for a parental order. This

was so important as single parents of surrogate

born children can now cement their legal

connection to their own child and thus secure

their child’s legal and family status.

What legal experience do you have in the

‘modern parenting’ arena?

I advise clients on a whole range of matters –

from LGBT couples wishing to have children to

co-parenting arrangements right through to

couples having a family through donor

conception or surrogacy. It’s my role to set out

the legal framework and help make a plan of

action so people are fully prepared for the

journey ahead.

The Law Commission wishes to make

significant changes to surrogacy law – do you

welcome these?

Absolutely. I have seen an increase in the

number of clients who’ve sought advice on

surrogacy, especially internationally, in recent

years. Even though it can be hugely expensive,

the lack of uptake of the surrogacy process in

the UK is undoubtedly due to the obstacles and

uncertain legal framework that intended

parents (and surrogates) currently encounter.

One key issue is that the surrogate (as the birth

mother) is always considered the legal mother

and intended parents can only apply to court

for a parental order, to be recognised as their

child’s legal parents, once the child is born. This

inevitably places the child in an uncertain legal

limbo until legal matters are resolved. This

process can take months to finalise - a delay

which is both frustrating and creates

uncertainty.

The Law Commission’s consultation will help to

reform the law which hasn’t changed in

decades and aims to ensure the child’s best

interests remain the key focus and provides

reassurance to all those involved on the

surrogacy journey. This can only be a good

thing.

modern parenting

jemimah fleet, a solicitor specialising in surrogacy and fertility law, has recently joined b p collins’ family teamfollowing three years working at a firm well known for its expertise in this area. insight delves deeper into herwork and finds out why she believes reform in surrogacy laws is much needed.

8

myth-busters

9

Intruders -someone breaking into your home is a terrifying prospect, but do you know what you

are allowed to do to protect yourself and others?

what is reasonable force? Reasonable force is both an objective assessment of what is considered areasonable person and a subjective test, which takes into account theknowledge of the defendant, including what he or she believed inthe circumstances.

The Crown Prosecution Service’s guidance states: ‘You are not expectedto make fine judgements over the level of force you use in the heat of themoment. So long as you only do what you honestly and instinctivelybelieve is necessary in the heat of the moment.’

When assessing reasonableness, a prosecutor will follow this guidanceand look at whether the force used was necessary and proportionate inthe circumstances and was reasonable.

am i in much less danger of being prosecutedif i use force to protect my home? Not quite. You may be prosecuted if you use force that is not consideredreasonable, for example carrying on attacking an intruder even if you areno longer in danger.

what if i chase the intruder as they run off? If you are trying to recover stolen property you can still use reasonableforce, for example a single blow or a rugby tackle. But if you move intoretribution, a self-defence argument couldn’t be used.

do you have to wait to be attacked?You can use defensive force if you fear for yourself, or others, in order toward off an imminent assault.

The Crime and Courts Act 2013 also states that when in your own home,the prosecution must prove beyond reasonable doubt that you havegreatly overstepped the mark in terms of your response to defend yourhome. This is a high burden for the State to prove. Although welcome,this not a green light for homeowners to act with impunity.

If you have been affected by the issues mentioned in thesearticles, please contact James Constable on 01753 279039 oremail disputes@bpcollins.co.uk.

Secure a HMO licence or risk £30,000 fine

What are my rights?In a nutshell, if you fear for your safety or others in the home, you can use force thatis reasonable in the circumstances, for the purpose of self-defence, protecting anotherperson, preventing crime or in defence of a property.

last year, regulation changes came into force in relation to ahouse in multiple occupation (hmo). if a landlord breachesthese new requirements, a criminal prosecution may follow.james constable, associate in the dispute resolution team,advises on how landlords can stay on the right side of the law.

Since 1 October 2018, a property is now regarded as an HMO if it has atleast five occupants (including children) forming two or more separatehouseholds which share basic amenities, such as a toilet, bathroom andkitchen. Previously, the property had to be three stories to be classified asan HMO but this is no longer the case. There are also strict minimumrequirements on floor space with each local housing authority having itsown regulations. It is estimated that these significant changes will havecreated 177,000 new HMOs which landlords need to secure a licence for,as soon as possible.

If you don’t have a licence, the local housing authority can either imposea civil penalty of up to £30,000 or prosecute in the criminal courts. Ifconvicted, a fine of up to £20,000 can be imposed and proceeds of crimeapplication (POCA) may follow in order to seize rent and associatedincome from the landlord.

There can be a very narrow defence of reasonable excuse of not having alicence, but the facts of each case will be different and it is advised toseek legal advice as early as possible in the proceedings.

For further advice onmodern parenting, pleasecontact Jemimah Fleet on

familylaw@bpcollins.co.uk orcall 01753 279046

test your knowledge

10

test your knowledge

By 2020/21, families with two parents may have taxfree allowances, including the ordinary nil rate band andresidence nil rate band (RNRB) of up to:

a) £650kb) £750kc) £900kd) £1 million

Tip: There are restrictions on the availability of theRNRB, advice should be sought to see if your estatewill qualify.

1

A will should be changed after all the following except?

a) Divorceb) Marriagec) Illnessd) Birth or adoption of a child

Tip: there are many reasons why you should reviewyour will, contact our Private Client team to arrange acomplimentary will review.

4

The time limit for a claim against an estate is:

a) 3 monthsb) 6 monthsc) 2 yearsd) 5 years

8

The time limit for issuing a claim against an estate fromthe date of the Grant of Representation, under theInheritance (Provision for Family and Dependants) Act is:

a) 3 monthsb) 6 monthsc) 2 yearsd) 5 years

9

When is an online probate application suitable?

a) Where there is more than one executor applying forprobateb) Where there is a foreign elementc) When there is a beneficiary disputed) Where there is multiple assets

5

What is the most popular reason for contesting a will inthe UK?

a) Undue influence (unreasonable pressure) applied to the deceased to make and sign the will

b) The mental and legal ability of the deceased to make or alter their will is disputed

c) Claim there was a clerical error in the drafting ofthe will

d) Claim that the person drafting the will failed to reflect the intentions of the deceased

Tip: All of the above can lead to a claim, highlightingthe importance of having your will professionally drafted.

6

What is the most difficult to prove when contesting awill in the UK?

a) Undue influence (unreasonable pressure) applied to the deceased to make and sign the will

b) The mental and legal ability of the deceased to make or alter their will is disputed

c) Claim there was a clerical error in the drafting ofthe will

d) Claim that the person drafting the will failed to reflect the intentions of the deceased

7

The main advantage of having a trust within a will is theflexibility it affords to the trustees to review the positionat the date of death. When is a trust advisable?

a) For care fees planning, if the nil rate band passes to a trust from which the surviving spouse can benefit, then neither the income nor the capital of the trust will be considered by the local authority

b) To provide protection against insolvency or divorce of intended beneficiaries

c) If there is a chance that the surviving spouse will remarry, or you have children from a previous relationship

d) To reduce the estate of the surviving spouse to below £2 million to qualify for the RNRB

You must have all the following to create a will except?

a) Intention to make a will

b) Testamentary capacity

c) Signed and witnessed by two people who arenot beneficiaries

d) Spoken aloud to a judge

2

3

1) d 2) all 3) d 4) c 5) none of the above6) a 7) a 8) b 9) b

How did you do? Five or less questions correct? Perhaps it’s time for a meeting with B P Collins’ wills,trust and probate team to help avoid any disputes amongst loved ones after you’vegone. With the law changing frequently and contentious probate on the rise, B PCollins is committed to helping you minimise the risk of a claim against your estate,by providing up to date and tailored advice. Call 01753 279030 or emailprivateclient@bpcollins.co.uk.

Test your knowledgeperhaps you think you know everything that is required to draft a will, or the benefits

of creating a trust; but with contentious probate on the rise, why not test yourknowledge with our multiple-choice questions to see if you need more expert advice.

Wills, Trusts & Probate

11

Personal lifecycle

12

to help avoid costly disputes, there are a variety of options that can be set up by a propertylawyer.

House Of CardsProtect your share of the property

it’s hugely exciting when you have your partner or a friend moving into your home forthe first time or if you’re buying your first house together. but before you crack open thebubbly, it’s imperative to get a legal agreement in place to protect your share of theproperty. otherwise the shaky foundation of any verbal agreement that was made aboutyour home, could come crashing down like a house of cards if there’s a dispute over ownership.

here is a growing number of unmarried couples andfriends in England and Wales, who are deciding to

purchase a property together. Very often, there is no legalagreement in place in relation to the proportions in which theproperty is to be held or relating to what would happen in thecase of the couple separating. This can cause lengthy andprotracted disputes later down the line, with the Court needingto intervene in many cases to decide what should happen tothe property, which could add to the cost.

In some cases, one partner will move into a property which isalready owned by the other. Again, there is unlikely to be aformal agreement in place which documents the parties’intentions in relation to contributions towards householdexpenses and mortgage repayments. If the couple split later,the partner that is not a legal owner of the property, mayassert that they have acquired a ‘beneficial interest’ in theproperty. This interest can be acquired with little formality, andwithout any written agreement. It can be acquired by virtue oftheir financial contributions.

Avoid potential claimsThis may come as a surprise to the partner who believesthemselves to be the sole owner of the property, legal orotherwise. The assumption is that they may ask the other tomove out of ‘their’ property, and that will be the end of thematter. The potential claim may come out of the woodworkmany years down the line, which can be hugely stressful

Avoid costly disputesIt is worth obtaining legal advice at an early stage andformalising the agreement between you and anyone youintend to own property with before a dispute arises.

T

1.

2.

3.

Deeds of waiver - these documents can record your agreementthat, regardless of payments that the other person makes orworks they undertake; they are not to acquire an interest in yourproperty.

Cohabitation agreements - these are more comprehensivedocuments, which can detail the intentions in relation toproperty solely owned by one partner. It can also deal with otherissues in relation to cohabitation.

Declarations of trust - in the case of a property that is jointlyowned, this will document the respective shares that each willhold and it can also detail what will happen in the case of a splitor any other disagreement between the parties.

Safeguard the ownership of your propertyTo help safeguard the ownership of your property and provide peace of mind,

please contact B P Collins’ property team on:

Are you facing a dispute over your home?If you’re about to face a dispute over your home, please get in touch with PhilHind from B P Collins’ property dispute resolution team on:

resproperty@bpcollins.co.uk01753 279064

disputes@bpcollins.co.uk01753 279035

Personal lifecycle

13

15

Are you self employed?Private sector firms will have to take responsibility for confirming the true

status of their relationships with contractors from 6 April 2020.

B P Collins can help...If you engage a consultant or currently provide your services as a consultant through a PSC, our clear advice is to act now to assess your engagementsto see whether you fall within the rules.

For end user companies, B P Collins can provide an onsite audit of your arrangements and give you a view as to whether an engagements falls withinthe rules and whether your agreement with your contractors should be restructured. Failure to do this could result in substantial tax liabilities and

penalties for consultants and, if not corrected by 6 April 2020, this liability could extend to the engaging company.

If you’re also unsure about whether the outcome of a CEST search is accurate and need an expert opinion, B P Collins can also help.

Please contact Chris Brazier, employment partner at chris.brazier@bpcollins.co.uk or call 01753 889995 for further advice.

Top 10 industries with the most freelance and contractor jobs accordingto Flexjobs. Contractors and engaged companies in these sectors are

urged to review their relationships now.

1. Computer and I T2. Administrative3. Accounting and finance4. Customer service5. Software development

6. Medical and health7. Project management8. Research9. Writing10. Education and training

14

IR35employment employment

IR35 (which is part of the off payroll working rules) is a set of

regulations that intends to combat tax avoidance by consultants who areproviding a service to clients via a personal services company (PSC) andwould be considered, for tax purposes, to be an employee of the end usercompany.

IR35 has often been criticised for being overly complex, disruptive tobusiness and poorly executed by HMRC – in fact figures from 2017 showthat the government department has lost 5 out of every 6 challenges toits IR35 related fines. In order to tackle the challenges associated withIR35, significant changes are being made in 2020 that will have a wideranging impact both on end user companies and the consultants

themselves.

Key changes in 2020

On 6 April 2020, the end-client will become responsible for establishingwhether a contract engagement with a consultant via its PSC falls withinthe rules. Up until then, it is the responsibility of the person supplying theservices to make this determination. The rules will bring the private sectorin line with the changes brought in for the public sector in April 2017.

This new legislation will only apply to medium or large businesses. Therewill be an exemption for end-clients who are ‘small businesses,’ where theresponsibility for determining the IR35 status of a contract will remainwith the PSC and the new changes will not apply.

It’s important to note that the government has included clauses in thelegislation to ensure that medium or large businesses do not set-up arm’slength companies or subsidiaries to procure services from PSCs. Thelegislation will apply to the parent company based on the aggregateamount of turnover and the aggregate amount of the balance sheet totalof the connected entities. There’s no small business exemption for publicsector organisations and the legislation will apply to all end-clients

engaging PSC workers in the public sector.

Check of Employment Statusfor Tax (CEST)Tool

HMRC recognises that CEST needs to be improved if businesses andcontractors are to make correct decisions on whether off-payroll workingrules apply. Many experts agree believing that its assessment on; whethera contractor has control over tasks, if they bear financial risk, whetherthey can be substituted for another contractor (which should all be inplace), and mutuality of obligation (which considers the extent of therequirement to be offered and to accept work); is not effective. In fact,CEST is only able to provide an answer in 85% of the cases.

The Chartered Institute of Taxation has given its view that CEST needs asubstantial upgrade before the new off-payroll working rules areintroduced, "if businesses are to make the correct decisions on whetherthe off-payroll working rules apply."

B P Collins News

16 17

B P Collins News

B P Collins’ lawyers picked up two award wins and a commendation atthe Berks, Bucks and Oxfordshire (BB&O) Law Society Legal Excellenceawards. Simon Carroll, senior associate in the dispute resolution team,won ‘Solicitor Advocate of the Year’; Elliott Brookes, property litigationsolicitor, won ‘Junior Lawyer of the Year’ and Chris Brazier, employmentand business immigration partner, received a commendation in the

‘Lawyer of the Year’ category.

b p collins’ lawyers win law society awards

B P Collins, which has advised the UK’s waste management sector forover 20 years, hosted its annual environment round table discussion witha series of leading UK waste management and recycling companiesincluding Biffa, P B Donoghue, Green Redeem, Veolia Group, CarbonStatement and Thames Valley Chamber of Commerce. The discussion waschaired by Matthew Farrow, the executive director of the EnvironmentalIndustries Commission (EIC).

David Smellie, environment and corporate and commercial partner, B PCollins said that, “Gove has been instrumental in the government’soverhaul of the UK’s waste strategy, but there is still much more to do.The UK still exports a large amount of waste and something has to bedone to reduce the level of waste being produced.”

Jeff Rhodes, Biffa agreed, “China and other countries have introducedrestrictions on what recycling it will accept. As a result, UK infrastructurereally needs to be improved, so we don’t have to rely on recycling exportmarkets as much.”

For more information or advice on the waste management sector contact our practice groupleaders on environment@bpcolins.co.uk or call 01753 889995.

annual environment roundtable

news

B P Collins won the Thames Valley Chamber of Commerce’s (TVCC)Workplace Wellbeing Award over the summer. Steve Perry, BusinessDevelopment manager, said:

“B P Collins took the decision that its wellbeing programme would become

an intrinsic part of its business strategy and embedded into its culture.

This was to ensure it wouldn’t become a forgettable tick box exercise and

instead would properly look after the health and wellbeing of all of our

team who are hugely valued.

Thank you to Thames Valley Chamber for recognising our efforts.”

b p collins wins thames valley chamber of commerce’s workplace wellbeing award

b p collins receives international csrexcellence award

B P Collins is delighted to have been recognised at the InternationalCSR Excellence Awards which were held at the Royal Academy ofDramatic Arts (RADA) in London. B P Collins’ silver award recognised itsefforts in four pillars: Environment, Community, Workplace and

Philanthropy.

Chambers High Net Worth 2019 , which ranks solicitors and barristers inspecialist areas of law in the high net worth arena, has ranked MartinaRazaq, partner in B P Collins’ high value residential property team, forthe first time. The residential property practice also maintains its UKranking for a second year running. Meanwhile, partner Craig Williams,retains his band 1 status for his success in private wealth disputes inthe Thames Valley. The private wealth law team led by partner LucyWood, also maintained its ranking.

chambers high net worth guide 2019

B P Collins News

19

Date for your diaryB P Collins is sponsoring the Five Counties Conference againwhich attracts over 400 property professionals to hear a widevariety of talks from experts including Phil Hind, from B P Collins’property dispute resolution team. It will be held at the HighWycombe Swan on the 26 February 2020.

2020Gin & Book ClubThe B P Collins Gin & Book Club is goingfrom strength to strength. If you’d like tocome along to The White Hart in Beaconsfieldemail enquiries@bpcollins.co.uk to sign up.

@bpcollinslaw @bpcollinsllp

B P Collins has achieved an outstanding number of top tier rankingsin a range of practices and a huge number of lawyers have been“recommended” in The Legal 500, a leading independent UK legaldirectory. It said that: “B P Collins has proved willing to assist withand fit in with client expectations while maintaining high standards.”

B P Collins would like to welcome Jemimah Fleet, a specialistin surrogacy and fertility law, to the family practice; JamesConstable, an associate and experienced solicitor-advocate inthe dispute resolution team; Natalie Boorer, senior associatein the wills, trusts and probate team and John Hargrave, ournew Chief Operating Officer.

Legal 500B P Collins Achieves an outstanding

number of top tier rankings

Upcoming Events

New appointments

Take our wills, trust andprobates test.

Find out more on pg 10 & 11.

#ByYourSide

www.bpcollins.co.ukenquiries@bpcollins.co.uk | 01753 889995

Corporate & commercial | Dispute resolution | Employment | Family | Property | Wills, trusts & probateBrexit | Business immigration | Criminal | Environment | Media | Notary | Retail & leisure | Technology & IP

This document is for information only and is believed to be correct at the date of publication. Articles have been reduced where necessary and are of a general nature, therefore should not be relied on as a substitute for specific legal advice. No action should be taken without speaking to your legal adviser.

© 2019 B P Collins LLP

Gerrards Cross office: B P Collins LLP, Collins House, 32-38 Station Road, Gerrards Cross, Buckinghamshire, SL9 8ELLondon office: B P Collins LLP, 100 St Paul’s Churchyard, EC4M 8BU